초록

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Abstract ▼ AI-Helper

A need for limitations and exceptions on the rights of copyright owners is recognized by most countries’ copyright statutes. In general, there are two basic legislative models for limitations and exceptions that derives from a good faith and fair dealing and based on public interests. Between two ...

A need for limitations and exceptions on the rights of copyright owners is recognized by most countries’ copyright statutes. In general, there are two basic legislative models for limitations and exceptions that derives from a good faith and fair dealing and based on public interests. Between two models, Korea has the statutory limitations which are enumerated in the Copyright Act as it is in the continental European system. With the development of the digital network society, however, the method of using copyrighted works has been changing rapidly. As new types of use have emerged, many legal issues have been raised regarding how we should find a balance between the protection of the copyright owner and the public interests for fair use. So far there has been criticism for this enumeration list since it is hard to cover all the new types of use promptly. Therefore it seems that ‘limitation through the judicial judgment’ using a general provision is better to keep the balance than ‘exceptions through the legislation’. That is why some scholars and government have proposed that a general provision for copyright limitation such as the “fair use” clause of the American Copyright Act should be introduced. Nevertheless, legislation introduced by governments andcongressmen was not approved because it was made hastily and had many problems. In conclusion, in order to solve these problems, this paper concentrates and studies on the system of limitations and exceptions on copyright of some countries such as China, Japan, Taiwan, and Singapore in Asia because comparative method has been developed owing to historical background in these countries.

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